Violence
Protection Available
My life is hell. While I have no complaints about the way my wife looks after our young children , she behaves awfully towards me, humiliating me in front of neighbours and friends when the children are not around. In addition to screaming and swearing at me, she has started to become physically violent, hitting me with the carpet beater and throwing ornaments at me. I don’t want to start divorce proceedings. What can I do ?
Violence •Protection AvailableMen as well as women, who are victims of physical or emotional abuse, are entitled to legal protection offered by the 1991 Prevention of Violence In The Family Act. As courts are reluctant to use the strongest weapon – an order stopping the perpetrator from entering the home – against mothers as this would have bad effects on the children, they usually prefer to enforce the former to undergo treatment.
The best course of action, therefore, for a male victim of violence would be to apply for a protection order at the family court, to prevent his wife from abusing him. If he brings sufficient evidence to support his claim and such an order is granted, then the court can force his wife to undergo psychological /psychiatric treatment, after a suitable recommendation by a qualified professional appointed by the court.
My husband attacked me and was remanded in custody for a few days. I have been told by the police that very soon he will come up before the judge about whether he will remain so, or will be subject to house arrest. He has no criminal record. I am worried that if he isn’t locked up that he could attack me again. Is it likely if it is his first attack , that he will be remain remanded in custody until the outcome of the case ?
Violence •Protection AvailableNot as a rule. However, if the violence was extreme or if it caused serious injury, it is likely that the husband will remain in custody until the end of the proceedings, or under house arrest – at the home of another relative, in a different city.
Can the family court issue an order preventing a husband from entering the family home if the wife has already filed divorce and maintenance pleas at the rabbinical court ?
Violence •Protection AvailableYes. A plea for an order preventing a husband from entering the family home is an independent plea , with its own grounds, and can be given by a family court, a magistrate’s court or a religious court. A woman who has filed for divorce and maintenance at the rabbinical court can file for an order preventing her husband from entering the family home at the family court. Great caution , however, must be taken regarding the wording to avoid it referring to ‘peaceful living’ . If not, this could complicate matters and lead to the family court lacking jurisdiction as the question of living might be regarded as part of the question of accommodation relating to the maintenance plea at the rabbinical court.
What legal action can a wife take if her husband is both physically and emotionally abusive towards her ?
Violence •Protection AvailableShe can apply to the family court, the magistrates court or a religious court for a protection order under the 1991 Prevention of Violence Within The Family Act. This can be granted for an initial period of three months, renewable up to 6 months, and , if specially recorded reasons are give, it can be given for up to a year.
The order can remove a husband from the family home and forbid him from coming within a certain distance of it, or from the wife’s place of work etc. He can have any weapon he possesses removed and be forced to undergo rehabilitation treatment. He can be imprisoned if he breaks the order.
* We hope you find our website useful and easy to use. Please note, however, that the information provided on it is not a substitute for personal legal counselling which is available upon payment.